Any Brisbane city criminal lawyer will tell you that fraud comes in many shapes and sizes. Goods and service providers must ensure that they do business in an ethically and legally sound way. Consumers, on the other hand, must be vigilant to avoid falling prey to fraudsters.
This year alone, Australians have lost more than $4 million to buy-and-sell scams. Of these losses, $481 000 were suffered by Queenslanders – an increase of 20 per cent compared to the previous year.
What Is Fraud?
According to the Queensland police, ‘fraud’ is defined as ‘behaviour that’s deceptive, dishonest, corrupt or unethical.’
Examples of fraud include:
Stealing someone’s identity.
- Creating fake identities.
- Credit and EFTPOS (electronic funds transfer at point of sale) card fraud, and
- Cybercrime.
The Law on Fraud in Queensland
Every Australian state has offences dealing with the dishonest gain of property or financial advantage.
In Queensland, Section 408C of the Criminal Code 1899 states that fraud is committed by any person who dishonestly –
- Gains a benefit or advantage for a person;
- Causes a detriment to a person;
- Obtains property from a person;
- Induces a person to deliver property to someone;
- Induces a person to do anything that they may not lawfully do;
- Induces a person to abstain from doing something they may lawfully do;
- Makes off without paying for a service lawfully provided;
- Uses property that belongs to another person; or
- Uses property that belongs to them but is subject to a trust, direction or condition on account of another person.
The same section states that convicted fraudsters may face five-year imprisonment.
Penalties for Fraud in Queensland
While the general penalty for fraud is five years imprisonment as a maximum penalty, Section 408C makes provision for heavier sentences in certain circumstances.
A 14-year imprisonment may be sanctioned if:
- The offender is a director or officer of the corporation he or she has defrauded; or
- The offender is an employee or employer of the victim; or
- Property in relation to which the offence was committed came into the offender’s control contrary to the provisions of a trust, direction or condition stating how the property should have been dealt with; or
- The property value is at least $30 000, but less than $100 000; or
- The yield gained by the offender through his or her behaviour is between $30 000 and $100 000.
The offender may be liable for 20 years imprisonment if:
- The property, or the yield gained or detriment caused by the offender is valued at $100 000 or more, or
- The offender carries on the business of committing the offence.
Aggravated Circumstances May Lead To More Severe Penalties
In terms of Queensland’s Penalties and Sentencing Act, courts may consider fraud to have been “aggravated”. In such cases, harsher penalties may be imposed. Examples include where the victim was 60 years or older, or a public officer.
If an offender threatened the victim or used violence or weapons, the fraud will have been aggravated. The same applies where the crime incorporated the intention to harm the victim.
Conclusion
The term ‘fraud’ is far-reaching and encompasses a variety of wrongs. Our specialist Brisbance city criminal lawyers have the knowledge and experience to tackle any fraud case in the city of Brisbane head-on.